HomeMy WebLinkAboutDirector's Determination'
Gar.field County
September 25, 2014
Lois E. Ryden Revocable Trust
PO Box 1142
Commerce City, Colorado 80022
DIRECTOR DETERMINATION -Administrative Review Land Use Change
Permit for an Accessory Dwelling Unit -
Garfield County File Number GAPA -8041
Dear Ms. Ryden:
This letter is being provided to you in regard to a General Administrative Review
Application for an Accessory Dwelling Unit on your property. The proposed use is
at 3869 County Road 245, located approximately 5 miles west of the Town of New
Castle and also known by Assessor's Parcel No . 2125-221 -00-022 .
The Director's Decision on the Application is based on the following findings and
subject to the Applicant's representations and conditions of approval.
1. That proper public notice was provided as required for the Director's Decision .
2. The Director's review was extensive and complete, that all pertinent facts,
matters and issues were submitted and that all interested parties were given
an opportunity to be heard.
3. That for the above stated and other reasons the proposed Land Use Change
Permit for the Lois E. Ryden Revocable Trust Accessory Dwelling Unit is in the
best interest of the health, safety, convenience, order, prosperity and welfare
of the citizens of Garfield County.
4. That with the adoption of conditions, the application is in general conformance
with the 2030 Comprehensive Plan, as amended .
The Director' Decision is hereby issued approving the Accessory Dwelling Unit
with the following Conditions of Approval:
1. All representation of the Applicant contained in the application shall be
considered conditions of approval unless specifically modified by Director.
2. Prior to issu!)nce of a Land Use Change Permit. the Applicant shall correct the
deed to the property to not that her trust is named the Lois E. Ryden Revocable
Trust and provide a recorded Statement of Authority for the Lois E. Ryden
Revocable Trust naming her as a Trustee .
3. Prior to issuance of the Land Use Change Permit, the applicant shall provide
evidence that the location of the new OWTS shall conform to setback
requirements.
4. Prior to issuance of the Land Use Change Permit, the Applicant shall provide
information that verifies that the driveway will meet minimum standards for
Primitive/Driveway Standards in Section 7-107 of the LUDC .
5. Prior to the issuance of the Land Use Change Permit, the Applicant shall
provide evidence of legal access to the property.
6. Prior to the issuance of the Land Use Change Permit, the Applicant shall
provide verification that the proposed method of treatment (filtration of .1
microns or smaller) will remediate issues related to the presence of Coliform
bacteria and Dissolved Solids in the water which tested above permissible EPA
standards.
7. The Applicant will continue to adhere to the conditions of approval of Well
Permit No. 70262 as required by the Colorado Division of Water Resources.
D~ v 8. Any future construction requiring a building permit shall have an engineered
foundation.
rJI-V 9. The septic system (OWTS) for the ADU shall be designed by an engineer.
al. v 10. The roof material for future construction shall be made from a noncombustible
material as required by the LUDC, as amended.
11. Only downcast lighting will be installed on the property to ensure compliance
with the LUDC.
This Director's Decision will be forwarded to the Board of County Commissioners
for a period of 10 days so that they may determine whether or not to call up the
application for further review . According to the Land Use and Development Code,
Section 4-112(A), "a call-up may be initiated by the BOCC, the Director, the
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Applicant, or any affected Adjacent Property Owner." Should this time period pass
with no request for review or public hearing, the decision shall be final.
Please contact this department if you have any questions.
Respectfully,
Fred A. Jarman, A P
Director of Community Development Department
CC: Board of County Commissioners
file
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